IL
Illinois House Bill HB3175

Illinois 2023-2024 Regular Session

Illinois House Bill HB3175 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3175 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 10 ILCS 5/16-3 from Ch. 46, par. 16-3 Amends the Election Code. Provides that ballots used in all elections held in the State must contain an "Illinois State Board of Elections" watermark, and the ballots prepared by each election authority responsible for having the official ballot prepared shall be numbered consecutively, beginning with the number "1". Provides that no linkage of the ballot number to the voter may be recorded. LRB103 29938 BMS 56353 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3175 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 Amends the Election Code. Provides that ballots used in all elections held in the State must contain an "Illinois State Board of Elections" watermark, and the ballots prepared by each election authority responsible for having the official ballot prepared shall be numbered consecutively, beginning with the number "1". Provides that no linkage of the ballot number to the voter may be recorded. LRB103 29938 BMS 56353 b LRB103 29938 BMS 56353 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3175 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3
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55 Amends the Election Code. Provides that ballots used in all elections held in the State must contain an "Illinois State Board of Elections" watermark, and the ballots prepared by each election authority responsible for having the official ballot prepared shall be numbered consecutively, beginning with the number "1". Provides that no linkage of the ballot number to the voter may be recorded.
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1111 1 AN ACT concerning elections.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Election Code is amended by changing
1515 5 Section 16-3 as follows:
1616 6 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
1717 7 Sec. 16-3. (a) Ballots used in all elections held in this
1818 8 State must contain an "Illinois State Board of Elections"
1919 9 watermark, and the ballots prepared by each election authority
2020 10 responsible for having the official ballot prepared shall be
2121 11 numbered consecutively, beginning with the number "1". No
2222 12 linkage of the ballot number to the voter may be recorded. The
2323 13 names of all candidates to be voted for in each election
2424 14 district or precinct shall be printed on one ballot, except as
2525 15 is provided in Sections 16-6.1 and 21-1.01 of this Code Act and
2626 16 except as otherwise provided in this Code Act with respect to
2727 17 the odd year regular elections and the emergency referenda;
2828 18 all nominations of any political party being placed under the
2929 19 party appellation or title of such party as designated in the
3030 20 certificates of nomination or petitions. The names of all
3131 21 independent candidates shall be printed upon the ballot in a
3232 22 column or columns under the heading "independent" arranged
3333 23 under the names or titles of the respective offices for which
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3939 10 ILCS 5/16-3 from Ch. 46, par. 16-3
4040 Amends the Election Code. Provides that ballots used in all elections held in the State must contain an "Illinois State Board of Elections" watermark, and the ballots prepared by each election authority responsible for having the official ballot prepared shall be numbered consecutively, beginning with the number "1". Provides that no linkage of the ballot number to the voter may be recorded.
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6868 1 such independent candidates shall have been nominated and so
6969 2 far as practicable, the name or names of any independent
7070 3 candidate or candidates for any office shall be printed upon
7171 4 the ballot opposite the name or names of any candidate or
7272 5 candidates for the same office contained in any party column
7373 6 or columns upon said ballot. The ballot shall contain no other
7474 7 names, except that in cases of electors for President and
7575 8 Vice-President of the United States, the names of the
7676 9 candidates for President and Vice-President may be added to
7777 10 the party designation and words calculated to aid the voter in
7878 11 his choice of candidates may be added, such as "Vote for one,"
7979 12 "Vote for not more than three." If no candidate or candidates
8080 13 file for an office and if no person or persons file a
8181 14 declaration as a write-in candidate for that office, then
8282 15 below the title of that office the election authority instead
8383 16 shall print "No Candidate". When an electronic voting system
8484 17 is used which utilizes a ballot label booklet, the candidates
8585 18 and questions shall appear on the pages of such booklet in the
8686 19 order provided by this Code; and, in any case where candidates
8787 20 for an office appear on a page which does not contain the name
8888 21 of any candidate for another office, and where less than 50% of
8989 22 the page is utilized, the name of no candidate shall be printed
9090 23 on the lowest 25% of such page. On the back or outside of the
9191 24 ballot, so as to appear when folded, shall be printed the words
9292 25 "Official Ballot", followed by the designation of the polling
9393 26 place for which the ballot is prepared, the date of the
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104104 1 election and a facsimile of the signature of the election
105105 2 authority who has caused the ballots to be printed. The
106106 3 ballots shall be of plain white paper, through which the
107107 4 printing or writing cannot be read. However, ballots for use
108108 5 at the nonpartisan and consolidated elections may be printed
109109 6 on different color paper, except blue paper, whenever
110110 7 necessary or desirable to facilitate distinguishing between
111111 8 ballots for different political subdivisions. In the case of
112112 9 nonpartisan elections for officers of a political subdivision,
113113 10 unless the statute or an ordinance adopted pursuant to Article
114114 11 VII of the Constitution providing the form of government
115115 12 therefor requires otherwise, the column listing such
116116 13 nonpartisan candidates shall be printed with no appellation or
117117 14 circle at its head. The party appellation or title, or the word
118118 15 "independent" at the head of any column provided for
119119 16 independent candidates, shall be printed in letters not less
120120 17 than one-fourth of an inch in height and a circle one-half inch
121121 18 in diameter shall be printed at the beginning of the line in
122122 19 which such appellation or title is printed, provided, however,
123123 20 that no such circle shall be printed at the head of any column
124124 21 or columns provided for such independent candidates. The names
125125 22 of candidates shall be printed in letters not less than
126126 23 one-eighth nor more than one-fourth of an inch in height, and
127127 24 at the beginning of each line in which a name of a candidate is
128128 25 printed a square shall be printed, the sides of which shall be
129129 26 not less than one-fourth of an inch in length. However, the
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140140 1 names of the candidates for Governor and Lieutenant Governor
141141 2 on the same ticket shall be printed within a bracket and a
142142 3 single square shall be printed in front of the bracket. The
143143 4 list of candidates of the several parties and any such list of
144144 5 independent candidates shall be placed in separate columns on
145145 6 the ballot in such order as the election authorities charged
146146 7 with the printing of the ballots shall decide; provided, that
147147 8 the names of the candidates of the several political parties,
148148 9 certified by the State Board of Elections to the several
149149 10 county clerks shall be printed by the county clerk of the
150150 11 proper county on the official ballot in the order certified by
151151 12 the State Board of Elections. Any county clerk refusing,
152152 13 neglecting or failing to print on the official ballot the
153153 14 names of candidates of the several political parties in the
154154 15 order certified by the State Board of Elections, and any
155155 16 county clerk who prints or causes to be printed upon the
156156 17 official ballot the name of a candidate, for an office to be
157157 18 filled by the Electors of the entire State, whose name has not
158158 19 been duly certified to him upon a certificate signed by the
159159 20 State Board of Elections shall be guilty of a Class C
160160 21 misdemeanor.
161161 22 (b) When an electronic voting system is used which
162162 23 utilizes a ballot card, on the inside flap of each ballot card
163163 24 envelope there shall be printed a form for write-in voting
164164 25 which shall be substantially as follows:
165165 26 WRITE-IN VOTES
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176176 1 (See card of instructions for specific information.
177177 2 Duplicate form below by hand for additional write-in votes.)
178178 3 .............................
179179 4 Title of Office
180180 5 ( ) .............................
181181 6 Name of Candidate
182182 7 Write-in lines equal to the number of candidates for which
183183 8 a voter may vote shall be printed for an office only if one or
184184 9 more persons filed declarations of intent to be write-in
185185 10 candidates or qualify to file declarations to be write-in
186186 11 candidates under Sections 17-16.1 and 18-9.1 when the
187187 12 certification of ballot contains the words "OBJECTION
188188 13 PENDING".
189189 14 (c) When an electronic voting system is used which uses a
190190 15 ballot sheet, the instructions to voters on the ballot sheet
191191 16 shall refer the voter to the card of instructions for specific
192192 17 information on write-in voting. Below each office appearing on
193193 18 such ballot sheet there shall be a provision for the casting of
194194 19 a write-in vote. Write-in lines equal to the number of
195195 20 candidates for which a voter may vote shall be printed for an
196196 21 office only if one or more persons filed declarations of
197197 22 intent to be write-in candidates or qualify to file
198198 23 declarations to be write-in candidates under Sections 17-16.1
199199 24 and 18-9.1 when the certification of ballot contains the words
200200 25 "OBJECTION PENDING".
201201 26 (d) When such electronic system is used, there shall be
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212212 1 printed on the back of each ballot card, each ballot card
213213 2 envelope, and the first page of the ballot label when a ballot
214214 3 label is used, the words "Official Ballot," followed by the
215215 4 number of the precinct or other precinct identification, which
216216 5 may be stamped, in lieu thereof and, as applicable, the number
217217 6 and name of the township, ward or other election district for
218218 7 which the ballot card, ballot card envelope, and ballot label
219219 8 are prepared, the date of the election and a facsimile of the
220220 9 signature of the election authority who has caused the ballots
221221 10 to be printed. The back of the ballot card shall also include a
222222 11 method of identifying the ballot configuration such as a
223223 12 listing of the political subdivisions and districts for which
224224 13 votes may be cast on that ballot, or a number code identifying
225225 14 the ballot configuration or color coded ballots, except that
226226 15 where there is only one ballot configuration in a precinct,
227227 16 the precinct identification, and any applicable ward
228228 17 identification, shall be sufficient. Ballot card envelopes
229229 18 used in punch card systems shall be of paper through which no
230230 19 writing or punches may be discerned and shall be of sufficient
231231 20 length to enclose all voting positions. However, the election
232232 21 authority may provide ballot card envelopes on which no
233233 22 precinct number or township, ward or other election district
234234 23 designation, or election date are preprinted, if space and a
235235 24 preprinted form are provided below the space provided for the
236236 25 names of write-in candidates where such information may be
237237 26 entered by the judges of election. Whenever an election
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248248 1 authority utilizes ballot card envelopes on which the election
249249 2 date and precinct is not preprinted, a judge of election shall
250250 3 mark such information for the particular precinct and election
251251 4 on the envelope in ink before tallying and counting any
252252 5 write-in vote written thereon. If some method of insuring
253253 6 ballot secrecy other than an envelope is used, such
254254 7 information must be provided on the ballot itself.
255255 8 (e) In the designation of the name of a candidate on the
256256 9 ballot, the candidate's given name or names, initial or
257257 10 initials, a nickname by which the candidate is commonly known,
258258 11 or a combination thereof, may be used in addition to the
259259 12 candidate's surname. If a candidate has changed his or her
260260 13 name, whether by a statutory or common law procedure in
261261 14 Illinois or any other jurisdiction, within 3 years before the
262262 15 last day for filing the petition for nomination, nomination
263263 16 papers, or certificate of nomination for that office,
264264 17 whichever is applicable, then (i) the candidate's name on the
265265 18 ballot must be followed by "formerly known as (list all prior
266266 19 names during the 3-year period) until name changed on (list
267267 20 date of each such name change)" and (ii) the petition, papers,
268268 21 or certificate must be accompanied by the candidate's
269269 22 affidavit stating the candidate's previous names during the
270270 23 period specified in (i) and the date or dates each of those
271271 24 names was changed; failure to meet these requirements shall be
272272 25 grounds for denying certification of the candidate's name for
273273 26 the ballot or removing the candidate's name from the ballot,
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284284 1 as appropriate, but these requirements do not apply to name
285285 2 changes resulting from adoption to assume an adoptive parent's
286286 3 or parents' surname, marriage or civil union to assume a
287287 4 spouse's surname, or dissolution of marriage or civil union or
288288 5 declaration of invalidity of marriage or civil union to assume
289289 6 a former surname or a name change that conforms the
290290 7 candidate's name to his or her gender identity. No other
291291 8 designation such as a political slogan, title, or degree or
292292 9 nickname suggesting or implying possession of a title, degree
293293 10 or professional status, or similar information may be used in
294294 11 connection with the candidate's surname. For purposes of this
295295 12 Section, a "political slogan" is defined as any word or words
296296 13 expressing or connoting a position, opinion, or belief that
297297 14 the candidate may espouse, including, but not limited to, any
298298 15 word or words conveying any meaning other than that of the
299299 16 personal identity of the candidate. A candidate may not use a
300300 17 political slogan as part of his or her name on the ballot,
301301 18 notwithstanding that the political slogan may be part of the
302302 19 candidate's name.
303303 20 (f) The State Board of Elections, a local election
304304 21 official, or an election authority shall remove any
305305 22 candidate's name designation from a ballot that is
306306 23 inconsistent with subsection (e) of this Section. In addition,
307307 24 the State Board of Elections, a local election official, or an
308308 25 election authority shall not certify to any election authority
309309 26 any candidate name designation that is inconsistent with
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320320 1 subsection (e) of this Section.
321321 2 (g) If the State Board of Elections, a local election
322322 3 official, or an election authority removes a candidate's name
323323 4 designation from a ballot under subsection (f) of this
324324 5 Section, then the aggrieved candidate may seek appropriate
325325 6 relief in circuit court.
326326 7 Where voting machines or electronic voting systems are
327327 8 used, the provisions of this Section may be modified as
328328 9 required or authorized by Article 24 or Article 24A, whichever
329329 10 is applicable.
330330 11 Nothing in this Section shall prohibit election
331331 12 authorities from using or reusing ballot card envelopes which
332332 13 were printed before January 1, 1986 (the effective date of
333333 14 Public Act 84-820) this amendatory Act of 1985.
334334 15 (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
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